Imitating a competitor's goods so as to cause confusion
An enterprise gives its goods an appearance that closely resembles a competitor's — so closely that a purchaser takes one for the other, or assumes the two are connected. For example, a newcomer opens a restaurant and copies the established competitor's entire look: the same interior décor, the same glass terrace with overhead folding doors, the same colours and signage. A passer-by assumes the two are branches of a single chain. The competitor's trademark may not have been infringed, yet the customer is misled as to who backs and owns the restaurant.
This note reflects the analysis of the HENGAM team and does not constitute specific legal advice.